Rights and obligations of European citizens and strengthening of their role

On the occasion of the European Year of Citizens (2013) and the twentieth anniversary of citizenship of the European Union (1993), this essay aims to answer significant questions concerning issues such as European citizenship, European identity among the citizens of the Member States and EU growth opportunities from forming a single identity.

Historical-Social Context
Human rights have many times caused social riots for the restoration of democracy,  like in Greece in 1973 and in Turkey in 2013. But while they have given many battles to obtain these rights, people today consider them obvious and instead of using them, they completely forget their existence. These rights are an integral part of the Union treaties since 2000 when the EU adopted the Charter of Fundamental Rights but more amplified when the Charter became legally binding by the Lisbon Treaty in 2009. [1] The Union citizenship and the rights it provided established by the Treaty of the European Union that was signed in Maastricht in 1992.

Legal Issue
Regarding the regulation after the reform of the Lisbon Treaty (Article 20 par.1 TFEU) [2] the citizenship of the Union in established and “Union citizen is considered to be any person holding the nationality of a Member State. Citizenship of the Union shall be added to and not replace the national citizenship”. Articles 21, 22, 23 and 24 TFEU thoroughly analyze the fundamental rights of the European citizen. [3] These rights will be explained below in detail as well as their role in the life of the European citizens. Furthermore, according to the EU Charter of Fundamental Rights, the human rights are protected as a whole. In addition, Article 11 TEU [4] sets an aim which is located in the center of the research of this essay and concerns the representation of citizens in the Union.

Fundamental Rights
To analyze further the fundamental rights of the European Citizen which we mentioned above, we should refer to the Article 2 TEU. [5] The first right is the right of free movement and residence in any Member State. This freedom, gives to the European citizen the possibility to move and settle in the territory of the 27 member states, being able thus to work, attend school or university of their choice, to settle with his family and to exchange experiences and practices within the formation of a common European identity. The mobility of citizens within the EU offers opportunities to citizens themselves but also to the governments of states receiving these citizens. For example, governments may take advantage of the different skills of the citizens established in their nation and involve them directly in its human workforce as skilled workers. Furthermore, the exchanged students under different travel programs (Erasmus) may study in different academic level and transfer it back to their country.

Regarding the right of “vote and be voted”, perhaps this is the most important right of the European citizen, because under this right the migrant citizens themselves may be a candidate in the European elections and the municipal elections of the state in which they live. This right is defined in Article 22 TFEU and recognizes the existence of fairness in the nomination of both the displaced and local residents. According to this right all Union citizens have equal rights of representation or inhabit in their country of origin or in any other country of the 27.

Another right is the right of diplomatic and consular protection as defined by Article 23 TFEU. This means that, if a Greek citizen is found in a third country which is not an EU member state and there isn’t Greek embassy, but an embassy of another EU Member State (e.g. Italy) he has the right to ask for protection under the same conditions as if he was Italian. This results to developing a climate of European solidarity to protect the Europeans citizen and make them feel secure during their movements in most of the planet where the Union is represented.

Finally, another right is the one defined by Article 24 TFEU and it’s about the citizens’ initiative, the reporting to the European Parliament, the role of the European Ombudsman and the possibility for any citizen of the Union to report their problems to the European institutions. In this way the European citizens can ask the intervention of the institutions and bodies operating subsidiary in them to protect them from a fault in the application of the EU rules into the national law.

Summarizing, we should mention that all these rights are protected by the institutions of the Union and Community law under the Charter of Fundamental Rights. [6] This is because the question of European citizenship is based on the negotiations of Member States in view of the formation of the European agenda “Europe 2020”. One effective way of consolidation and growing of the European identity is the bottom-up promotion of the concept of “European citizen”, because in that way, the majority of EU citizens will shape the future and not “the technocratic bureaucracy of Brussels” as the British leaders say.
Liabilities

The European citizen does not have only rights, like many people think, but also obligations, such as respect for the culture of each of the EU population, compliance with the laws in force in each country and ensure peaceful coexistence and cooperation. This may be realized if every individual fights against some social phenomena, such as racism and xenophobia, creating cohesion and development trends of democracy within the EU, which is strongly supported by all the EU institutions. Through participation in public affairs and in decision-making process, democratic feelings are being promoted to citizens and assure them that there is no danger for the Democracy because everything is made in full transparency and in compliance with national values. It is also an obligation of every European citizen to know well and respect the culture and civilization of the other Member States. An effective mean of getting to know different cultures is exchanging citizens, either within the framework of known European exchange programs (e.g. Comenius, Leonardo Da Vinci) or through the right of free movement of persons that encourages people to travel more to other member states.

European Citizenship

EU citizenship does not replace national citizenship, in contrast, provides all citizens additional rights, which are guaranteed by the EU Treaties and are a fundamental part of their daily life. [7] The creation of a single European identity presupposes the absence of conflicts within the Union. Diversity which is protected by the EU is still strong and if we consider the past we will find that the risk of conflict is always there throughout the integration process. A typical example is that in theory and always in accordance with the Treaties, the Union is a supranational character, a fact that will promote the existence of a single European identity. However, the EU remains deliberately intergovernmental and Member States focus on their national interest above all. This makes people think that maybe there is a strong suspicion about the movements and motivations of the other Member States.
Problems-Obstacles

However, it is necessary to mention the problems that prevent the single European identity to be developed. The most basic factor is the lack of information and poor information quality. The one-sided information and unreliable media sites do not allow citizens to collect the necessary information in order to use their rights correctly. This results in people being bad informed and form a misconception about the EU. A good cooperation between European and national information media is essential for the adequate protection of the European citizen’s interests. To allow citizens to participate in policy development, effective mechanisms should be established in order to provide objective information and education. [8] At a time of strained economic and social crisis the European Citizen think clearly and logically because the crisis makes people passive spectators who don’t participate in the decision-making process (national and Community). The problem of insufficient participation in elections and more specifically the abstention of young people should intensely trouble the European Union itself in view of the municipal elections of 2014, which will reflect the level of trust that exists within the Union.

Proposals-Solutions

A solution to the above problems is to give the European Commission, which with the “Europe for Citizens” program (2007-2013) aims at giving citizens the opportunity to interact and participate in constructing a Europe more accessible, more democratic and world-oriented, united in its cultural diversity, developing the concept of the European citizenship. The European Year of Citizens (2013) also aims to raise awareness of the rights and obligations associated with EU citizenship in order to help citizens make full use of their rights. [9]

In addition, the involvement of the EU citizens in European issues can be increased through their participation in social networks that help in the understanding of Community decisions. These networks usually disseminate the information they have regarding the functioning of the Union and give citizens to consolidate the European ideas and values serving their purposes substance of Article 11 par. 1 TEU. [10] The participation of citizens in European issues should be a lifelong process so that the rights mentioned above will not be taken for granted, creating the illusion that the European project is an one-sided relationship and not bilateral.

An organization of series of seminars in order to inform the citizens of the Union is essential to the social reality of the EU. This will partially address the problem of insufficient public information not only in the context of participation in decision-making process but also in everyday life, in areas such as consumer consciousness or healthcare and insurance. In general, the Union will need to find multiple ways of communication with citizens on a daily basis, because communication, for example through MEPs is almost nonexistent. The MEPs leave unanswered thousands e-mail questions and suggestions from citizens, making the European Citizen feel neglected by his own representatives. This solution does not require a big waste of money and could provide an opportunity for EU citizens to express openly their opinion and tell their ideas to the institutions through the Union Representations in the Member States (European Parliament Office European Commission office). The only necessary action is the adequate information of citizens for the exercise of their institutionally guaranteed rights.

Furthermore, according to the report on EU citizenship (2010), it proposes 25 actions to improve the daily life of the European citizens. [11] These actions proposed by the Union itself will help into making the concept of “European Identity”, because they relate to the Union’s citizens’ daily life and solve the problems facing being attached to national values and perceptions that delay the EU evolved from Community law producer in vector and human rights defender.


Conclusions

The responsibility of growing the European identity is not only in the hands of young people in the EU, because the youth has always been the carrier of sociopolitical changes, but also in the EU itself through its institutions. Union citizens should be aware of the critical situation that requires delicate handling and composure in policy-making. However, policy in the international system is exercised by the Union through their democratically elected representatives and by institutions in which they operate. Respect for individual rights of European citizens is a prerequisite for the democratic development of the EU, because in this way will combat tendencies that want to destabilize the integrating operation. The European Court, that by pursuing the interests of Union citizens provide to the jurisprudence of protection to all European citizens, helps in this work. However, the formation of a single European identity in which every EU citizen will feel as a “European Citizenship” needs to grow because, in times of crisis, the nationalism which was spread immediately after the end of Second World War makes again its appearance, creating polarization within the Union.

References:

1. Treaty on European Union (TEU)
2. Treaty on the European Union (TFEU)
3. http://eeas.europa.eu/human_rights/index_el.htm
4. http://ec.europa.eu/justice/citizen/files/com_2010_603_el.pdf
5. http://ey2013-alliance.eu/wp-content/uploads/2013/03/eyca2013_manifesto-el_GR.pdf
6. http://www.europedia.moussis.eu/books/Book_2/4/09/01/?all=1
http://ec.europa.eu/justice/citizen/files/com_2010_603_el.pdf

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[1] http://eeas.europa.eu/human_rights/index_el.htm ” The EU and human rights’
[2] Article 20 paragraph 1 TFEU
[3] Articles 21,22,23 and 24 TFEU rights and obligations are exercised under the conditions and within the limits and the measures adopted for their implementation and provided for in the Treaties.
[4] Article 11 TEU
[5] Article 2 TEU “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of people belonging to minorities. These values are common to the Member States in a society characterized by pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men”.
[6] http://ec.europa.eu/justice/citizen/files/com_2010_603_el.pdf